South Africa makes urgent request to ICJ over Israel's planned Rafah offensive

By Esra Tekin

ISTANBUL (AA) – South Africa has requested the International Court of Justice (ICJ) to urgently assess Israel's intentions to expand its military presence in Rafah, southern Gaza Strip, urging to consider whether it required the court to use its power to prevent further breach of Palestinians' rights.

“The South African Government has made an urgent request to the International Court of Justice (ICJ) to consider whether the decision announced by Israel to extend its military operations in Rafah, which is the last refuge for surviving people in Gaza, requires that the court uses its power to prevent further imminent breach of the rights of Palestinians in Gaza,” the presidency said in a statement.

The presidency said that under Article 75(1) of the Rules of Court, "The Court may at any time decide to examine proprio motu whether the circumstances of the case require the indication of provisional measures, which ought to be taken or complied with by any or all of the parties.”

In a request submitted to the ICJ on Monday, according to the statement, Pretoria said it was “gravely concerned that the unprecedented military offensive against Rafah, as announced by the State of Israel, has already led to and will result in further large scale killing, harm and destruction. This would be in serious and irreparable breach both of the Genocide Convention and of the Court's Order of 26 January 2024.”

“South Africa trusts this matter will receive the necessary urgency in light of the daily death toll in Gaza,” the press release said.

Israel began its military offensive in the Gaza Strip after Palestinian group Hamas killed 1,200 people and took hostages in Israel on Oct. 7.

Gazan authorities say more than 28,000 Palestinians, mostly women and children, have since been killed.

In late 2023, South Africa filed a case at the UN court, accusing Israel of failing to uphold its commitments under the 1948 Genocide Convention.

The ICJ, in its interim January ruling, said South Africa’s claims are plausible. It ordered provisional measures for Israel’s government to desist from genocidal acts, and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.